HomeMy WebLinkAboutOrdinance No. 2021-14 Amending Large Building Benchmarking201657vl
ORDINANCE NO. 2021-14
AN ORDINANCE AMENDING CHAPTER 20 OF THE EDINA CITY CODE
CONCERNING LARGE BUILDING BENCHMARKING
The City Of Edina Ordains:
Section 1. Chapter 20 Article XI of the Edina City Code is amended to provide as follows:
Definitions. The following words shall have the meaning ascribed to them, unless the context
clearly indicates a different meaning:
Benchmark means to input the total energy consumed for a building and other descriptive
information for such building as required by the benchmarking tool compare the measured
energy performance of a building to itself, its peers, or to industry standards, with the goal of
informing and motivating performance improvement.
Benchmarking information means information related to a building's energy and water
consumption as generated by the benchmarking tool, and descriptive information about the
physical building, and its operational characteristics, and energy and water consumption. The
information shall include, but need not be limited to:
(1) Building address;
(2) Energy use intensity (EUI);
(3) Annual greenhouse gas emissions;
(4) The energy performance score that compares the energy use of the building to
that of similar properties, where available.
Benchmarking tool means the United States Environmental Protection Agency's Energy Star
Portfolio Manager Tool or an equivalent tool adopted by the Director.
Property owner means an individual or entity possessing title to a building, or an agent
authorized to act on behalf of the property owner.
City-owned building means any building, or group of buildings on the same tax lot, owned by
the City of Edina containing twenty-five thousand (25,000) or more gross square feet of an
occupancy use other than industrial.
Covered property means any property of occupancy uses other than industrial that has one or
more buildings containing in sum the gross square feet shall be classified in the following
classes:
Class Property Size (in square feet)
1 100,000 and greater
2 50,000-99,999
3 25,000 - 49,999
The term "covered property" shall not include any building owned by the county, state, or federal
government or other recognized political subdivision as there is no jurisdiction over these buildings.
Director means the individual appointed by the City Manager.
Energy means electricity, natural gas, steam, heating oil, or other product sold by a utility for use in a
building, or renewable on-site electricity generation, for purposes of providing heating, cooling,
lighting, water heating, or for powering or fueling other end-uses in the building and related facilities.
Energy-saving assessment means a systematic process of identifying and developing modifications and
improvements of the base building systems, including but not limited to alterations of such systems
and the installation of new equipment, insulation or other generally recognized energy and water
efficiency technologies to optimize energy and water use performance of the building and achieve
energy and water savings, provided that such process shall be at least as stringent as or comparable
to the Level I Energy Survey and Engineering Analysis of the most recent edition of Procedures for
Commercial Building Energy Audits published by the American Society of Heating, Refrigerating and
Air-conditioning Engineers Inc. (ASHRAE) or as otherwise determined by the Director and such
process for water systems shall be as determined by the Director.
Energy performance score means the numeric rating generated by the Energy Star Portfolio Manager
tool or equivalent tool adopted by the Director that compares the energy usage of the building to
that of similar buildings.
Energy Star Portfolio Manager means the tool developed and maintained by the United States
Environmental Protection Agency to track and assess the relative energy performance of buildings
nationwide.
Gross square footage means total building floor area of all conditioned space calculated from overall
exterior wall dimensions of all below and above grade floors.
Industrial means manufacturing, compounding, processing, packaging, treatment and assembly of
products and materials.
Property owner means an individual or entity possessing title to a building, or an agent authorized to
act on behalf of the property owner.
Tenant means a person or entity occupying or holding possession of a building or premises pursuant
to a rental agreement.
Utility means an entity that distributes and sells natural gas, electric, or thermal energy services for
buildings.
Water means supplied, metered potable water for mixed use and irrigation uses.
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Benchmarking required for city-owned properties. No later than August first, 2019, and no later than
every June first thereafter, each city-owned building shall be benchmarked for the previous calendar
year.
Benchmarking required for covered properties. Property owners shall annually benchmark for the
previous calendar year each covered property and obtain an energy performance score as available
according to the following schedule:
a. All Class 1 and Class 2 covered properties by June first, 2020 and by every June first
thereafter;
b. All Class 3 covered properties by June first, 2021 and by every June first thereafter;
Disclosure and publication of benchmarking information. The property owner shall annually provide
benchmarking information to the Director, in such form as established by the Director's rule, by the
date provided by the schedule in subsections 20-627.
The Director shall make readily available to the public, and update annually, benchmarking information
for the previous calendar year according to the following schedule:
a. Each city-owned property by August 30, 2020 and by every August 30th thereafter;
b. Each Class 1 and Class 2 covered property by August 30, 2021 and by every August
30th thereafter;
c. Each Class 3 covered property by August 30, 2022 and by every August 30th
thereafter;
The Director shall make available to the public, and update at least annually, the following information
about city-owned properties and covered properties:
a. Summary statistics on energy consumption derived from aggregation of bench
marking information for properties;
b. Summary statistics on overall compliance with this section;
c. For each property:
1. The status of compliance with the requirements of this chapter;
2. Annual summary statistics for the property, including energy use intensity,
annual greenhouse gas emissions, and an energy performance score where
available;
Energy assessment requirement. Covered properties with energy and water efficiency
improvement potential shall submit proof of an energy assessment having been performed according
to the schedule (1) below. The assessment must have been performed within the last five (5) years
and must include recommendations for energy and water savings opportunities. Qualifying proof that
an evaluation has been performed shall be established by rules set at discretion by the Director. The
Director shall also establish energy standards in the rules that define buildings requiring an
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assessment. Properties shall submit proof of energy assessment according to the following schedule:
a. All Class 1 covered properties by June first, 2022 and by June first every fifth year
thereafter;
b. All Class 2 covered properties by June first, 2023 and by June first every fifth year
thereafter;
c. All Class 3 covered properties by June first, 2024 and by June first every fifth year
thereafter;
20-633 Exemptions. The Director may exempt a property owner from the benchmarking and energy
assessment requirements of subsection (c) if the property owner submits documentation establishing
any of the following:
a. A building’s primary use is industrial, measured by square footage dedicated to industrial
use or energy use. If more than 50% of square footage is dedicated to industrial use, or
more than 50% of building energy use is dedicated to industrial processes, the building
owner may request an exemption. In order to qualify for an exemption, the property
owner must permit the city to complete an inspection of the property.
b. The property is presently experiencing qualifying financial distress in that the property
is the subject of a qualified tax lien sale or public auction due to property tax
arrearages, the property is controlled by a court-appointed receiver based on financial
distress, the property is owned by a financial institution through default by the
borrower, the property has been acquired by a deed in lieu of foreclosure, or the
property has a senior mortgage which is subject to a notice of default; or
c. The property or areas of the property subject to the requirements of this section
have been less than fifty (50) percent occupied during the calendar year for which
benchmarking is required; or
d. The property does not have a certificate of occupancy or temporary ce1iificate of
occupancy for all twelve (12) months of the calendar year for benchmarking is
required.
20-634 Where aggregate data is not available, tenants located in a covered property subject to this
chapter shall, within thirty (30) days of a request by the property owner and in a form to be approved
by the Director, provide all information that cannot otherwise be acquired by the property owner
and that is needed by the property owner to comply with the requirements of this section.
20-634 Violations. It shall be unlawful for any entity or person to fail to comply with the requirements
of this section or to misrepresent any material fact in a document required to be prepared or
disclosed by this section.
20-635 Enforcement. The Director shall enforce the provisions of this section. If it is determined that
a property owner or any person subject to the provisions of this section fails to meet any requirement
of this section, the Director shall mail a warning notice to the property owner or person. The notice
shall specify the reasons why the property owner or person fails to meet the requirements set forth
in this section. The notice shall indicate that the person has forty-five (45) business days to comply
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with the applicable requirement. If any property owner or person who fails, omits, neglects, or refuses
to comply with the provisions of this section after the period of compliance provided for in the
required warning notice the City shall have cause for the denial, suspension, revocation or refusal to
issue any applicable business license held by the property owner or person. This section may also be
enforced by injunction, abatement, mandamus, or any other appropriate remedy in any court of
competent jurisdiction.
Section 3. Effective Date: January 1, 2022
First Reading: November 16, 2021
Second Reading: Waived
Published:
Attest
Sharon Allison, City Clerk James B. Hovland, Mayor
Please publish in the Edina Sun Current on
Send one affidavit of publication
Bill to Edina City Clerk